[rpedroso]

> The Electrician was functioning as an Electrician, not as a government agent.

I don't think your example vindicates Best Buy, but rather, simply repeats the central question of the case: was the Geek Squad employee simply functioning as a Geek Squad employee?

The prosecution has argued that an employee who happens to stumble on images of child pornography (analogous to your electrician stumbling on a drug lab) is not acting as an agent of the government. I'm inclined to agree with that judgement.

On the other hand, if the employee was conducting extra thorough searches, scrutinizing the files on any customer storage media, or otherwise performing surveillance tasks that had nothing to do with his job, then it seems apparent that the employee was acting as an agent of the law in accordance with a financial incentive from the FBI. It doesn't help, in this case, that the employee lied about having been compensated by the FBI.

Ultimately, this particular case will come down to the details of how and why the employee stumbled across these images. As a general principle, however, it seems wrong to me that any computer in for miscellaneous repairs (touchpad/screen replacement, battery refurbish, etc) should be subject to a search for illegal data pursuant to an FBI incentives program.